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Guide

Life Events & Finances

Life events such as marriage, divorce, an inheritance, an advance on inheritance, moving abroad or the birth of a child fundamentally change a person's financial situation. At these turning points, matrimonial property law, pension provision, taxes and inheritance law interact and call for decisions that often have effects lasting decades. This overview maps the main financial questions along typical life events and shows where they connect with second- and third-pillar pension provision.

The essentials

  • Anyone who marries without a marriage contract is subject by law to the ordinary regime of participation in acquired property; assets brought into the marriage as well as inheritances and gifts remain individual property (art. 196 et seq. CC).
  • On divorce, the vested benefits of occupational pension provision (second pillar) acquired during the marriage are in principle divided equally (art. 122 f. CC).
  • Since the 2023 inheritance law revision, the compulsory portion for descendants has fallen from three quarters to one half of their statutory entitlement, and the compulsory portion for parents has been abolished; the freely disposable portion is correspondingly larger (art. 470 et seq. CC).
  • An advance on inheritance to a statutory heir is, as a rule, equalised when the estate is divided, either in kind or by counting its value towards the heir's share (art. 626 para. 1 CC, art. 628 para. 1 CC). What counts is its value at the time of succession, not when it was transferred (art. 630 para. 1 CC).
  • When leaving Switzerland permanently, second-pillar vested benefits can in principle be withdrawn; on moving to an EU or EFTA state, however, the mandatory portion remains locked as long as compulsory insurance exists there (art. 25f FZG).

Sources: CC Art. 196 (fedlex) · FZG Art. 22c (fedlex, DE) · CC Art. 471 (fedlex) · CC Art. 626 (fedlex) · CC Art. 628 (fedlex) · CC Art. 630 (fedlex)

Frequently asked questions about Life Events & Finances

Without a marriage contract, the regime of participation in acquired property applies automatically: savings built up during the marriage are divided if it is dissolved, while assets brought into the marriage as well as inheritances and gifts remain individual property. Your tax situation and pension questions also change. A marriage contract can arrange the division differently. The individual situation should be clarified with a specialist.
The vested benefits accumulated in the second pillar during the marriage are in principle divided equally in a divorce (art. 122 f. CC). The relevant period runs from the date of marriage to the start of divorce proceedings. Assets acquired before the marriage or as an inheritance, as well as the third pillar, are also affected. The legal and tax treatment may change.
Since the 2023 inheritance law revision, the freely disposable portion has grown: the compulsory portion for descendants fell to one half of their statutory entitlement, and the one for parents was abolished (art. 470 et seq. CC). You can allocate the remaining part freely by will or inheritance contract. Forward-looking estate planning combines inheritance law, matrimonial property law and pension provision. The legal treatment may change.
As a rule, it is equalised when the estate is divided, either in kind or by counting its value towards the share of the statutory heir who received it (art. 626 para. 1 CC, art. 628 para. 1 CC). The value at the time of succession applies, whether the asset has gained or lost value since the transfer; if the recipient sold the asset before the donor's death, the sale proceeds apply instead (art. 630 para. 1 CC). For gifts to descendants, the donor can expressly exclude equalisation (art. 626 para. 2 CC). Even then, the other heirs entitled to a compulsory portion can demand abatement to the extent it is infringed (art. 522 para. 1 CC, art. 527 no. 1 CC).
When leaving Switzerland permanently, second-pillar vested benefits can in principle be withdrawn. If you move to an EU or EFTA state, the mandatory portion remains locked as long as compulsory insurance exists there; only the extra-mandatory portion can be paid out (art. 25f FZG). Pillar 3a and taxation are also affected. The tax treatment may change.

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This overview is for general information purposes only and does not constitute investment, legal or tax advice. It is a simplified summary of the legal position and tax treatment.

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